By our reporter
Shillong: The calculated silence on the issue of mining in forest areas and violation of Forest Act, 1980 by cement companies’ in Jaintia Hills or rather by official custodians of forests who have issued no objection certificates (NOC) in such forest lands till now, is being challenged vide a public interest litigation filed by the Jaintia Youth Federation (JYF).
The JYF filed their PIL against a set of respondents including the State Government, in the Supreme Court. Chief Justice of India who heard the case, in his ruling on April 20, this year disposed off the matter with liberty for JYF to file the petition in any other appropriate court first.
Accordingly, JYF filed a fresh PIL in the Guwahati High Court seeking injunction against carrying on work of establishing and operating limestone mines in violation of FC Act, 1980 and Supreme Court ruling on TN Godavarman vrs Union of India.
Respondents in this case are Union of India, State of Meghalaya and nine cement companies located in Jaintia Hills. The case No – PIL 41/2012; category 10194 (Public Interest Litigations) listed before the Hon’ble Chief Justice A.K. Goel and Hon’ble Justice N Kotiswar Singh, while taking cognizance of the issue raised in the petition, ruled on June 21 last that before examining the issues raised, it was deemed fit to direct Secretary, Ministry of Environment and Forests, Government of India to look into the matter and to take necessary steps in the matter within three months and submit the report to the High Court.
The Justices appointed senior counsel BC Das as the amicus. The next hearing has been fixed on October 10, 2012. Many civil society groups are skeptical about the issue considering the political and monetary clout of the cement lobby. Brian Daly of Meghalaya Adventurers Association (MAA) who first took on this powerful lobby to rescue the famous Umlawan and Umsati cave system from destruction due to limestone mining had to finally give up his fight.
Naba Bhattacharjee, environmentalist & columnist has also filed a petition in the High Court relating to faulty Environment Impact Assessment and manipulated public hearing and has sought immediate review of the same. Bhattacharjee remarked, “It is easy to file a PIL but very difficult to sustain it, particularly in this case where the cement lobby is financially strong and wields influence with all the pillars of our democracy”.
According to Bhattacharjee the objective of filing the case is not to unnecessarily provoke anyone as the existing cement plants are a reality and cannot be closed down arbitrarily, since they have not snatched or stolen the NOCs. They have been granted the NOCs officially. Hence the real violators are those who issued the NOC.”
It will be interesting to monitor the developments and report of Union Ministry of Environment & Forests since the Minister, Jayanti Natarajan has herself admitted in parliament during last session that gross violation of FC Act 1980 has taken place in mining areas of Jaintia Hills, thereby endorsing B.N. Jha Regional CCF’s NER’s report.
The newly constituted Committee in the State which is to look into these allegations has been dragging its feet. Now that the pressure by the courts is on the Committee will be forced to submit its report without further delay or contempt of court.